Overstaying

11.
Posted bybentivogli(Travel Guru 2398 posts) 7y
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When I wrote 'turn yourself in' I meant that jokingly of course; what else are scare quotes for?

While I agree with Maia's repeated advice, I fail to see how the Argentine embassy would be able to help you, seen that they are obliged to abide by Swiss law. Unless you manage to slip out of Schengen unseen, my guess is that you will be registered as a visa offender either way.

Re the issue of marrying a Swiss in Switzerland vs marrying a Swiss in Argentina: as far as I understand Swiss law, the latter grants considerably fewer rights of residency to the non-Swiss partner than the former, which is probably why the OP is so intent on marrying in Switzerland.

12.
Posted bybluewaav(Inactive 627 posts) 7y
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Quoting bentivogli

While I agree with Maia's repeated advice, I fail to see how the Argentine embassy would be able to help you, seen that they are obliged to abide by Swiss law.

As I was reading through this thread, I noticed something that you guys may not have. Correct me if I'm wrong, but isn't the Argentine embassy considered to be on Argentine soil even if it is physically in Switzerland? If so that would mean that they wouldn't be required to abide by Swiss law. Instead, wouldn't they abide by Argentine law and anyone holding an Argentine passport and/or citizenship would be granted 'immunity' while inside the Argentine embassy?

Just a thought. But by no means am I an expert.

Steph

13.
Posted byt_maia(Travel Guru 3290 posts) 7y
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Both of you are right:

Officially the staff of the Argentine embassy is obliged to follow Swiss law, but in practise it is free for all.

The Swiss officials have no jurisdiction over the staff of foreign embassies - it is called diplomatic immunity. It is a big problem in the capitals all over Europe, there are some people who are known drug smugglers or worse yet they are immune from prosecution because they work at this embassy or that.

So it is really up to the internal rules of conduct the Argentine embassy has whether they report Colorina to the Swiss authorities.

The US embassies are especially notorious about protecting their citizens from foreign authorities, there have been incidents where some really funny business went on. US embassy staff has been suspected of warning wanted criminals of their immediate arrest by foreign authorities and aiding and abetting said wanted criminals in their return to the USA or to a country where there are no extradition treaties. (We are talking murderers and child rapists here.)

The Germans are less zealous, they take the stance that if you got into legal trouble it is probably your own fault. They might help you or your family find a lawyer and an interpretor when you landed your arse in jail but that is about it. They most definitely won't help you when you overstay, but they won't report you to the immigration authorities.

I don't know what stance the Argentinians take but my guess is that Colorina is safe telling them of her problems. I mean the business of the Argentine embassy is to represent and protect the interests of the Argentine government and thus Argentine citizens in Switzerland, so what can it hurt? At the worst they will kick her out and not help her at all. They are also the only people who can tell her whether she can get a new passport in her situation.

[ Edit: Edited on 13-Nov-2009, at 18:42 by t_maia ]

14.
Posted byColorina(Budding Member 10 posts) 7y
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I think our problems are over we are in the process of getting a visa for me to stay until we get married....lets see how everything goes.

[ Edit: Edited on 14-Nov-2009, at 11:07 by Colorina ]

15.
Posted byt_maia(Travel Guru 3290 posts) 7y
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As somebody who was involved with the German immigrations authorities I can tell you that one of the tasks when issueing a visa/residency permit was to check the passport with the entry and exit stamps for signs of overstaying. If there was conclusive evidence that the person had significantly overstayed before (in whatever country) the overstay was a reason to deny the visa. Reasoning behind it was that the person in question had shown a reluctance to obey the law (especially immigration law) and would therefore be more likely to break the rules in the future.

Sorry to burst your bubble so soon.

I hope you get your visa, but please don't think it is going to be easy.

16.
Posted byColorina(Budding Member 10 posts) 7y
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Quoting t_maia

As somebody who was involved with the German immigrations authorities I can tell you that one of the tasks when issueing a visa/residency permit was to check the passport with the entry and exit stamps for signs of overstaying. If there was conclusive evidence that the person had significantly overstayed before (in whatever country) the overstay was a reason to deny the visa. Reasoning behind it was that the person in question had shown a reluctance to obey the law (especially immigration law) and would therefore be more likely to break the rules in the future.

Sorry to burst your bubble so soon.

I hope you get your visa, but please don't think it is going to be easy.

Thanks t-maia for all the information, I forgot to mention we hired a lawyer and he told us we are not the first ones to be granted a visa despite tha fact of been illegal. Some paper work and we will see how things go you didn't burst my bubble at all thanks again!!!!

17.
Posted byColorina(Budding Member 10 posts) 7y
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Quoting Colorina

Quoting t_maia

As somebody who was involved with the German immigrations authorities I can tell you that one of the tasks when issueing a visa/residency permit was to check the passport with the entry and exit stamps for signs of overstaying. If there was conclusive evidence that the person had significantly overstayed before (in whatever country) the overstay was a reason to deny the visa. Reasoning behind it was that the person in question had shown a reluctance to obey the law (especially immigration law) and would therefore be more likely to break the rules in the future.

Sorry to burst your bubble so soon.

I hope you get your visa, but please don't think it is going to be easy.

Thanks t-maia for all the information, I forgot to mention we hired a lawyer and he told us we are not the first ones to be granted a visa despite tha fact of been illegal. Some paper work and we will see how things go you didn't burst my bubble at all thanks again!!!!

Anyways!! Everything went great!!!They were actually happy that we are getting married))) take care now bye bye then!!!